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tv   America Live  FOX News  April 6, 2010 1:00pm-3:00pm EDT

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battle in afghanistan as marines put their lives on the line. we are now hearing some crazy new threats from afghan president hamid karzai, ahead of the trip to the white house. also awaiting a brand new chapter in a case of classroom bullying that turns deadly, court action on the phoebie prince case. within the hour we are live at the courthouse. plus -- >> here's where you're so desperately wrong, okay, and i mean desperately wrong, this is as wrong as i've ever seen you in, what, five years? megyn: you're talking from your heart and in the your head. >> i'm talking about decency. megyn: it's always action-packed with the big guy and i come face 20 face -- face to face. typically it happens on his show. today, prime time, coming here, live. we begin with the fox news alert, we got word from virginia that rescue teams started moving toward the big branch mine in an effort to learn what happened to four missing miners, 25 others are now confirmed
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dead, the remaining four, unaccounted for at this hour, after an explosion yesterday afternoon. just moments ago the vest washingtono west virginia governor says families are holding out hope. >> as horrific as this explosion was, i explained to them i don't want to give anybody false hope but by golly, if i'm on that side of the table and that's my father or my brother or my uncle or my cousins, i'm going to have hope and i think you still see people clinging on to hope and it's very difficult. it's a very, very difficult situation. megyn: trace gallagher live in the new york city newsroom. what's the latest? >> reporter: you talk about surviveibility urk the four missing, you have to go back to the sago mine of 2006, because remember, the 13 miners who were in that inside, most of them survived the initial blast. we now know of course rand al mccloy of the only ultimate survivor because the rest didn't have any place to go but now they do,
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because four years later, these things are inside the mines. i want to put this up. these are called refuge chambers, they are steel chambers that actually have food, water, and oxygen for four days. they also can filter out the carbon monoxide. two of these we know were nearby in the big branch mine. they have checked out one of these chambers, it was empty, but there is another chamber that may very well have some of these miners inside. the question then becomes how do they buy enough time to get from the inside of the explosion to the chamber. you were i were in the cranyon mine, and they saw reporters how you put these on. these are standard in the mines, what you do is put it over your head, then you put on the eyeware and the eyeware and nose plugs, and that's the breathing apparatus, that will buy you a few minutes, along enough to get from inside the mine, inside the explosion, if you
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will, into that chamber. that could be life saving apparatus. again, we don't know, we're not trying to shine a great deal of hope that these people are in that chamber but boy, i'll tell you the odds are a lot better today than they were four years ago during the sago mine disaster. megyn: trace, i remember it all at the crandall canyon mine, but this situation, the death toll, the situation, it just looks so grave. are the authorities offering hope? i mean, what are they saying about the possibility that these four miners may indeed have survived the blast? >> they're saying it's dire, megyn, for a couple of reasons: one, because there were some rescue teams that were initially in there, they got kind of a look around, they saw the extent, the governor was talking about the twisted metal, that the tracks that were all twisted up and the carts that carried the coal in and out were blasted, and remember, it wasn't just the methane explosion. on top of the methane, you have all this coal dust, that builds up on the ground, and the coal dust is
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also combustible, so you have two things that pose a huge danger. if they can survive the blast, and the subsequent blasts that may come from the coal dust, then you have a chance to mind of maneuver and to get inside one of these chambers. nobody knows. they haven't checked out the second chamber, they may not do so for another day or so. right now it's just a matter of trying to get inside and see. and by the way, there is communication in there, but they don't know if it's gone out, so that's the whole -- there's just too many unknowns because as we sat there at the crandall canyon mine for days and days, megyn, you just don't know, because they can't get those drills inside the mountain. megyn: i remember that's what they were trying to do is drill homes to try to open up the lines of communication and possibly ex-again, never mind to see what was in there. trace gallagher, over the next two hours will be updating us, thanks. in massachusetts, prosecutors are about to start a key hearing in a case that's raised new and serious concerns about school bullying. three teenagers, accused of
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bullying, 15-year-old phoebie prince, to the point of suicide. they are now set to be arraigned, here are their pictures, folks, these are three of the teens accused of basically call this girl so much torement she went into her bedroom, into her closet, opened the door and hanged herself. the hearing for these teenagers, scheduled to start at the top of this hour, meaning five minutes away, 19 in total -- nine teens in total have been charged with prince's death. charges including statutory rape, harassment, and civil rights violations. prosecutors call these teens' alleged action, quote relentless bullying. one of phoebie prince's classmates said she heard someone telling phoebie she should have hanged herself, she made her life a living hell all because she had the nerve to date a senior on the football team when she was a lowly freshman who had just gotten to south hadley
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high school in the fall of 2009 after moving to the u.s. from ireland. a fox news alert, brand new video of a fierce firefight in southern afghanistan. what a situation on the ground there. marines in helmand province coming under fire from taliban snipers. the marines, responding with heavy tank fire and antitank missiles, the battle lasting about 20 minutes until the man -- marines were able to fall for backup. the fighters were hiding by a school near the area, coalition forces in the middle of the biggest push against the taliban since the war began. and as american forces put their lives on the line to secure afghanistan, a shocking threat from afghan president hamid karzai, the supposed u.s. ally, saying he will consider joining the taliban if he continues to feel pressure to reform his administration. he has been criticized for not cleaning up widespread corruption in kabul. jeraldo rivera, host of
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jeraldo at large, streaming live to us from afghanistan. jeraldo. >> megyn, that is a reckless and insensitive statement that hamid karzai made, if not downright stupid, he would last about a week, if that much, if the united states and the other western forces withdrew from this country. i think he's playing to a domestic audience, though, what he's trying to do is bolster his own domestic support, but he's doing it on the backs of these brave marines, who as you suggest are doing a great job here in helmand's province, they have the taliban on their heels. you know, these guys have great morale, these marines of the first batallion, second marines, they are -- this is alpha company, we're here at camp kafarada, in the town of nauzad -- nawzad, a town that was abandoned, they have recaptured it, repopulated, they are doing great work as they have throughout helmand province and then come the
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statements from hamid karzai. it doesn't matter to the marines, they will fight and do their jobs as the others who have come here in u.s. uniform and the other allies have done but what about their parents at home, the parents who have worried so much about them? take a look at these guys from alpha company, their parents worry about the young men and women as they battle this vicious enemy, this drug dealing enemy, and now to hear that the president of the country they are fighting to keep free from the taliban, and to liberate those areas that the oppressive taliban have occupied, they hear that the very president is suggesting that he's going to go over to the side of the enemy. i think it's preposterous, it's cruel, and it really is, it's something that i think president obama and the american administration has to really respond to very forcefully. megyn: we'll be watching for that, among other things, when we -- at the next white house press briefing. heraldaldo, thank you very much -- jeraldo, enough and god bless the men and women
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standing behind you. lawmakers are getting an earful from constituents in a new round of town hall showdowns. if you -- did you think those were over? they're not. fox news senior political analyst brit hume joins me next on what happened in new hampshire when one lawmaker went home to the voters and told them health care with a money saver. and we are just 15 minutes away now from a very rare event here at fox news. prime time in the daytime! as bill o'reilly brings the factor live to this broadcast, on the agenda today? oh, here we go again. west borough baptist church protests, round two. >> and here's the -- >> that's how opinions work, the other guy concurred and said i agreed with the judgment. >> it's not a matter of -- >> they didn't need to address that. >> it's not a matter of need, it's a matter of what's right, they didn't do the right thing. >> you don't understand how
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opinions work. >> i'm not smartne enough.
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megyn: some members of congress are this week learning that concerns about the health care overhaul have not gone away just because the bill is now law. a number of democrats who voted for the bill scheduled meetings to sell their constituents on the benefits in that law. take a listen to what happened during a town hall meeting held by new hampshire congresswoman carol shea porter, and she tries to explain how the health care overhaul will save money. >> -- nonpartisan, very, very good job, they did a good job, this is going to be paid for and it's going to help reduce the decifit. [laughter] >> [inaudible comments] >> what about the cbo
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estimates? >> this is what's going to happen. the way they're going to pay for it is pat of it will be paid for by controlling the waste, the fraud. [laughter] >> the interest which has been -- the subsidies from medicare and taking that away, this is really -- that is the first part, the other part is for those making $250,000 as a couple, they'll pay more on their hospital estimates, so there will be those people paying that, and -- >> [inaudible] >> everybody who voted for the health care bill already
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-- >> broke the constitution. >> [inaudible] members of congress who voted for that had health insurance themselves and voted to tax themselves. the other party didn't put a cap on higher income to pay for that. this will be an unearned income. megyn: so, are things cooling down since this law passed or are they heating back up? breut hume is our senior political analyst for fox news channel, he's my guest
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now. bri testimony, these lawmakers may have thought that, as nancy pelosi said, we have to pass the bill to figure out what's in it, and then to start selling it to people. not so much success selling it to the folks in new hampshire at that town hall in any event. >> the question all along, megyn, has been if people know what's in this bill and that's why they're opposed to it or have heard false things about it. my sense about it is really people -- is that people really know what's in the bill and they've been told about the supposed wonders, including the wonders of cost savings, which people in this particular audience showed they were clearly skeptical about it, openly laughing at the idea and they have reason to think about that, they think their going to add 20, 30 million people to the insurance rolls and create the demand for health care services that people who now suddenly have insurance will exhibit, where are you going to get the doctors, where are you going to get the facilities. there's nothing about this measure that seems likely to create new doctors, hospitals, and health care
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facilities, so what most people suspect is, a, the cost is going to go up with the demand, as it will, and it will be dealt with by shortages, rationing, and what have you. this is what people are concerned about, and it seems to me a reasonable concern. megyn: the thing that's interesting to me about t.brit, when this bill was still a bill and was not yet law, we saw the white house and its supporters on health care come out and say that the public was being misinformed, they talked about sarah palin and her charge of debt panels, they pointed to some of the media alleging that they were misleading people about the bill, and saying that, you know, in the end, the white house knew what was in the bill was going to be good for americans and americans would come to embrace it. that may or may not be true, but the bottom line from these town halls appears to be, brit, a lot of the people still reject it, still don't believe it's good for the american people, and whichever the truth is, whether it's as the white house believed or otherwise, at the end of the day, what matters is what these voters think.
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is that going to carry the day from this point forward? >> well, the hope that the democrats have is that the benefits that are in the bill and some people will no doubt feel that they're benefiting from this, will change voters' minds about it, and they hope by november. i think it's doubtful that it will happen by november. remember this, megyn, it is kind of an overarching theme in all of these protests that we've seen going back to february of last year, and that was about the time that the bailouts had been put in place and people didn't like them and they were worried about the cost of it, the budget decifit was rising in a way people had not seen before, and on top of that came that $787 billion stimulus package which had so many apparently wasteful projects in this it -- in it, people really hated that, and that gave birth to all of this and we have seen a rise in the public's anxiety about debt that i've never seen before. this bill adds that in the
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minds of critics and its people, and that is not going to change, that attitude is not going to change it seems to me by november. people are still going to believe this thing will not reduce cost, and will indeed add to the decifit, and the poll numbers show that's what people believe. megyn: not just decifits but big government. i'll got to go, but the big government threat we're see, especially in places like -- we're seeing, especially in places like new hampshire. >> that's the whole worry, the size of the spending, the size of the government as we, two sides of the same coin. megyn: brit hume, thank you for being here. >> thanks megyn, always good. megyn: we are ten minutes away from a technical first on "america live", we are going to see if two broadcasts can occupy the same space at the same time. bill o'reilly, yours truly, and a fight over free speech, a hero marine, and a hateful church group. and -- >> usa!
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usa! megyn: tea party activist want to recall senator robert menendez of new jersey. can you send a senator home in the middle of his term? a hot battle shaking up in the wake of the health care bill. >> you work for us! you work for us! 
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megyn: we are awaiting a significant court hearing at this moment in the case of phoebie prince, she is just six months away from the start of summer break when she took her own life. three of her classmates accused of bullying phoebie to the point of suicide, set to be arraigned by a massachusetts judge in just about half an hour. nine teens in total are facing a slew of charges, including statutory rape and harassment. today we focus on three. molly line has the latest from north hampton, massachusetts. the accused, these three, will not be in court today.
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why is that? >> reporter: well, their lawyers filed paperwork essentially waiving their right to an appearance in court, so it will be just counsel in today representing shawn mulvahill, 17 years old, a popular football player, he's charged with criminal harassment, violation of civil rights and statutory rape, that last charge, very serious, holdings the possibility of life in prison, as well as the possibility of being forced to register as a sex offender. kayla narey is the first fee heal to be charged, 17 years old, charged with criminal harassment, violation of civil rights. the final charge is against another 18-year-old, austin renaud of springfield, he's also facing statutory rape charges, but this is not the end of this case. there are three more arraignments of three other teenagers charged for this thursday coming up, so a very complicated matter, just the beginning of court proceedings in the case. megyn: first let me ask you, what is that irritating noise behind you? >> reporter: it is an
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industrial-strength vacuum cleaner at the beautiful historic hotel here next to the courthouse. they're getting some cleaning done at the moment. megyn: it happens -- always happens right before you have a live shot. bear with us, folks, this is an important case. what is the status with respect to this nine teens and the prosecutors when it comes to potential settlement, molly? i mean, you got to imagine there are -- they are at least trying to get the prosecutor to back off of these charges. any sign that may happen? >> reporter: no sign yet, largely because the teenagers in question haven't been arraigned yet but very possible, as things go down the line, of course there could be plea deals worked out in the long run but at this point prosecutors are in the very early stages of charging these folks, getting them arraigned, and they have their counsel now that will be representing them, so things are really just beginning here. this could be a long, drawn-out process if things do actually go to trial, and you can imagine the number of people that would be involved in possibly testifying in these cases, from students, to teachers, to faculty. it could really make for a
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long process. megyn: our viewers should know, this isn't your normal case of high school bullying, they tormented this girl, even to the point after she killed herself, some of these kids accused of going online and celebrating it and criticizing her, even then, calling her the worst names in the book, and happy that she took her own life. that is who this court is dealing with. so molly line is watching it for us today, we're watching it for you and will bring the news as we get it. molly, thank you so much. in augusta, georgia today, tiger woods sporting a tigger entourage even than usual at the masters, he has 90, yes, 90, additional body guards to protect him. can you imagine? so, if any of tiger woods' former mistresses shows up, there will be a ring of security around the golfer, that not expected to happen but you never know when it comes to tiger. one guard who did not identify himself is to prevent woods being snapped near a beautiful woman,
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saying any such picture in the media would be, quote, a disaster. rescue teams are on the ground in west virginia preparing for a critical mission to possibly save the lives of four miners, still missing after yesterday's deadly blast. what these families go through when they are waiting news in a situation like that, they live there, their lives underground, they know this is a risk. that doesn't change a situation like this for the families as they look on. we'll have the latest just ahead. and we are just momenting away from kelly versus o'reilly, round two! >> they piled didn't have to do it. >>ure wrong on listen. >> i'm not wrong. it was an option. >> let me explain. >> i does that mean, megyn? what is discretionary? >> let me explain to you.
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megyn: here's a quick look at the stories we're watching for you. in west virginia it may be tomorrow night before rescue crews finish drilling a hole into the chamber where four
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missing miners are believed to be located. some 2000 feet underground. the explosion yesterday at the upper big branch coal mine, killing 25 miners. the vatican is ramping up its counterattack against accusation that is pope benedict xvi covered up sex abuse by pedophile prieves, senior cardinals in rome calling the criticism a hate campaign against the catholic church, they say the pope is being attacked because he opposes same sex marriage. government officials in baghdad claiming al-qaeda for a series of bombings that ripped through several apartment buildings and a market. at least 45 people are dead, nearly 100 injured in those attacks. well, it is almost 1:32 in new york and it is time to try something we have never tried before. as you may know, on thursday nights, i pay a visit to bill o'reilly on the o'reilly factor but today, we bring prime time to the daytime as o'reilly bring husband kelly file segment right here to "america
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live", we now join bill o'reilly who at this moment, as you all watch, will tape a piece of tonight's o'reilly factor. >> this segment tonight, as you may know, we are having a lively debate at the fox news channel about whether the federal court system has screwed up the west rowe baptist church case, as you may remember the fanatics disrupted the funeral of marine corpsral matthew schneider killed in iraq, matthew's family and yuan the award, 5 million, but that was overturned by the fourth circuit court of appeals. last night ann coulter agreed with me the appeals court is full of it, megyn kelly dissents and joins us from the set of her program, "america live", seen at 1:00 p.m. eastern time. you saw the coulter piece last night. >> i did. >> what do you say? >> i say you really miscake rived my position. >> me or her? >> you did. she just responded to the misinformation you gave her. when you said that i said mr. schneider, the father of
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this killed marine, had no case, i didn't say that. i didn't say that his intentional inflicks of emotional distress claim has no merit that the supreme sort will find that way, i said it's going to be a close case and i stand by that. it is not that he's got no case, but bill, let me tell you, he will have a tough battle on his hands. >> i know that he will. but i think you mischaracterized my mischaracterizations, because i was basically saying here's what the courts were asserting and miss megyn isn't against what the courts were saying. the crux of the matter, there are two cruxes of the matter, number one, i don't think it should have been overturned on appeal, neither does ms. coulter, we believe it's intentional inflicks of emotional distress, no doubt about it, they went there to do that and the fact that -- and this was the crush, that one of the judges wrote and the others concurred, that reasonable people tend to bait the worthiness, the appropriateness, of the west borough physician. are you nuts? >> you mischaracterized that again.
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>> no, i didn't, that's exactly what she said. >> shuj shedd, in the middle here, concurred with the decision that mr. schneider ought to lose. the other two joined in the opinion, throwing the case out on first amendment grounds. all judge shedd said was i agree the case should get thrown out but i would throw it out because there is no intentional inflicks claim. the other two judges does not -- did not join that decision. that's not the basis for the decision. >> it's not but they didn't dissent. >> they don't need to, he was concurring with their result. sue: it doesn't make a difference. the fact that shedd said, i love that, shedd said, that reasonable people can debate the appropriateness of the -- he's nuts. the guy is nuts. get him out of there. >> want me to explain to you? >> no. >> you throw him under the bus and don't want to hear the defense. >> i throw him under the bus because that's what he wrote. i don't want to hear in rationalization of what he wrote. >> the reason he's saying it may not have been intentional inflicks of emotional distress for the west borough baptist church people to go outside that funeral and protest is to
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make that claim under the law you have to prove conduct that is extreme and outrageous, but -- extreme and outrageous don't have the meaning that you and i understand them to have legally. legally, it's something else. >> you're going off into my utia and this is where you've got brain damage. >> you're wrong. >> all i'm saying is this, he wrote reasonable people can debate the appropriateness of the west borough protest. i don't care about anything else, the fact that the man wrote the sentence says he's not qualified to be on. >> do you want judges determining what's appropriate speech? to show up outside of abortion clinics, you want judges deciding what's appropriate and what's not? >> the other thing you cited was that the snyder family filed late for the court cost deal, which was another outrage, the schneider family then calls us, the attorney, said no we didn't, we didn't file late, and nobody purported that we did. >> that's not true. that's not true. the other side -- >> you're calling him a
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liar? a liar? >> no, you again have mischaracterized, bill, mr. schneider's lawyer does not claim that nobody purported they didn't file late. the other side filed the brief, saying that they thought -- >> no. let me read what the lawyer said to us, okay? here's what he said to us. let me get his name here. his name is shawn summer. >> i have spoken with mr. summer. >> here's what he said, quote, on the factor on april 1st, megyn kelly said that schneider filed his brief objecting to paying the court fees late, but schneider's lawyer, sean summers, says that isn't true, and the court has never stated that the objections were late. this is shawn summers, writing to us. don't them me i'm miscategorizing, i'm quoting. >> then you added that nobody had ever alleged to the contrary, and you're wrong. what happened in the case was they filed objections to the cost, that the other side was seeking which are granted in 99.9% of the cases. they're always granted on appeal.
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in this case he filed an objection, and the other side responded, saying your objection is too late. all right? so the court then asked for a response, the other side argued still, they're out of time and mr. snyder's lawyer never contested that, he never came back and said -- >> all i know is that sean summers told us he didn't file late and the court has never stated the objection to it. >> that's fine. he says he wasn't late, the other side said he was late. the rule i have to tell you was not clear. i called the court to ask them what they say, they don't answer these types of questions. >> they don't answer. when it goes to the supreme court in october, all right, coulter is saying what you're -- this is the only thing that you and coulter agree on, that it's really a close call. that the supreme court is going to have to judge freedom of speech claims against the damage that this group does consistently, west borough, it would be able to be proven. >> right. >> they can prove they do damage people who are grieving, military families.
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so again, coulter says clear, the court should rule in favor of the family, are you saying the court should rule in favor of the church? >> i'm saying it's going to be a close case. i'm not going to predict -- >> what should they do? >> i'm not going to predict that, bill. >> what would you do if you were a judge? >> i'm not going to go that far. i'm just not going to go that far. it's going to be an ongoing case e. we're going to cover it at fox, i'm not going to predict. the argument these people have at the west borough baptist church have, it's not an unreasonable one. you tell me, you want the supreme court ruling, we cannot have protestors who are shouting vial things, even within 1000 feet of an event. and you rule that, there will be protests outside of abortion -- no more abortion protests. are you not going to tell me what you want? don't you understand the implications on free speech this case has? it has serious, serious implications. people gathered, a thousand feet away from the funeral.
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it was disgusting, but we have a first amendment that allows us to say disgusting things in this country. >> i have to go and you have to take a break, too, you have to pay your salary, which is enormous. >> not as enormous as yours. >> well, nobody's is. but if i were a supreme court justice, i'd rule on the side of the family because words matter and there is damage being done. >> you'll find differently. >> megyn kelly. >> well, that was interesting. see what i mean? it was like the factors only it was on "america live". if you would like to see round two of that debate, you can, tonight, all over again, on the o'reilly factor. moving on. a new jersey democrat is in the fight of his political life, the tea party, looking to have senator bob menendez recalled. now, he wants the state supreme court to block it, and wait until you hear his argument. next. and awaiting our next update on the worst american mining tragedy in more than 25 years. brand new information from west virginia, coming in moments ahead.
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>> i just started getting these phone calls. they asked me if kendall was working in the evening or day. when i told him evening, they told me there had been an explosion.
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megyn: the governor of west virginia, joe manchin, saying it is going to be a slow proceedsises. he's talking about -- process. he's talking about the effort underway at the big branch mine, to rescue four miners trapped after monday's explosion. crews had to create an access road to get to the location where those men are believed to be located. they are drilling holes into four shafts to release poisonous gases but governor manchin says it could be tomorrow night before the first hole is finished. twenty-five men confirmed dead in that blast. a very difficult time for the families in west virginia. a new jersey democrat is pulling out all the stops, trying to halt a movement
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aimed at taking him out of washington. senator robert menendez appealing to the garden state supreme court. the state supreme court in new jersey, as the tea party leads the charge to have him recalled. new jersey's junior senator saying that effort is unconstitutional because the u.s. constitution does not explicitly allow for a recall of a sitting u.s. senator. a lower court didn't seem to find a problem with t peter johnson, jr. is a fox news analyst and is with me now. the lower court said go ahead and try to recall him, if you can get the signatures, good luck to you, but now they're taking it to the new jersey supreme court saying you can't do this. does menendez have a point? >> the lower court said you can in fact file the papers for a recall, and get 1.3 million new jersey people to sign the dotted line and have a recall election for senator menendez, but they would not decide the constitutional issue, can a state recall a
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united states senator, or is that an exclusively federal issue. there is nothing the united states -- in the united states constitution. there is in the state of new jersey as a result of a 1993 provision the ability to recall in their own language a united states senator. megyn: i looked at the new jersey statute, out of the constitutional language, it makes it absolutely clear that new jersey can recall a sitting u.s. senator from the state of new jersey if they want. >> right. >> but senator menendez is saying because this is explicitly provided for in the u.s. constitution, it doesn't matter what the new jersey constitution says. >> there are explicit ways that we can get rid of united states senators, or they can get rid of themselves. they can die, they can be expelled from the senate, their term of office can end, and the term is indicated to be six years. and so they're saying under a strict reading of the united states constitution, there is no such thing as a
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recall. there was, if you go back into american history, under the articles of confederation, which are the predecessor to our constitutional framework in the united states, the ability to recall federal officials. it didn't carry over, though, into the united states constitution. but this is an incredible -- it's sending an incredible shiver of fear down the spines of united states senators and congressmen, because they're saying look, i was elected under the federal system, are you now saying that a state, people of a state, can say listen, we want to recall an election? megyn: but it is those people who put him into office, it's not like the people of pennsylvania put him into office, it's the new jerseyans. >> it is, but if you also go back in history, this is a tool that was poorly put forward by the progressive movement and now tea party folks are taking it on as part of their mantle, they're upset with senator menendez based on his tax
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positions, based on his health reform vote, and so the appellate court, the intermediate appellate court in new jersey said, listen, we can't find a federal precept or constitutional precedence that says you can't do it. megyn: right. >> but we're going to defer to the highest court in this state of new jersey, because it's so important, and we will not get to the constitutional issue. now, they may not get to the constitutional issue. what could happen here, miss kelly, is that you could have a situation where if they go out and get these 1.3 million signatures, which is one quarter of the state's registered voters, there will, in fact, go on the ballot -- it will in fact go on the ballot, at that point it becomes what you know, and what you teach your audience about rightness, that the event has become available for -- >> megyn: but let me ask you this: let's say the new jersey supreme court says you can.
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new jersey law says you can do it, so you can go ahead and try and recall them if you want. what do the tea partyers have to do to actually recall this u.s. senator? >> what the court decided is yes, you can do it, you can put the papers in, but at the same time, they said we're going to stay it. we've decided in your favor, but we're going to give an opportunity for the other side to appeal that issue. megyn: what if they get the green light on appeal, what do they need to get? >> 1.3 million signature, get another ballot, you could also get at the same time on the ballot a simultaneous election to replace the person if in fact that person is recalled as a result. we've seen it in state races, we saw it with gray davis in 2003 in california, we've seen it in north dakota, we've seen it with assembly people, state senators, mayors, dennis kucinich even attempted to remove -- was attempted to be removed as mayor. so it's part and parcel of
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our american history and it's something new jersey voters voted on back in 1993 and accepted and put into law and into the constitution in the state of new jersey. megyn: it's a fascinating legal question. >> and you'll see it in other states. you're going to see it. megyn: new jersey is not the only one. we'll see whether senator menendez withstands this challenge. his career can be counting on it. fox news alert, we're getting new questions on what is going on with the president of afghanistan. we showed you at the top of the hour how hamid karzai threatened to, quote, join the taliban if he continues feeling pressure to reform his administration. just moments ago, the white house saying if statements like that continue, then the administration will cancel an invitation to have karzai to the white house next week. we'll go live to the white house for more on this in just a bit. and in just moments, we'll go live to the courthouse, three teenagers, set to be arraigned for criminal harassment, and the legal wrangling has already
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begun. their classmate committed suicide, now the question, can they be held legally responsible. and a back yard gathering goes horribly wrong. the parents say they were careful, but that didn't stop the bouncy house from going airborne with their children inside. >> i think it was only the balloon. i don't see the little boys. when they get in here, in the house, i see -- i hear the little boys crying.
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megyn: fox news alert, we are just getting word the obama administration has authorized operations to capture or kill an american-born muslim cleric believed to be behind some recent terror attacks, do you know this guy?
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anwar al-awlaki, he's believed to be working with an al-qaeda group. you may remember this guy, he shared e-mails with major hasan, the accused shooter at fort hood, among other well-known terror cases that we've been watching here on fox news. and across the nation. and now, we get this order out of the white house. he will be -- you will be sure to be hearing more on that as the day goes on. well, the back yard playpen nearly turns into a death trap for a group of children in texas. witnesses say a whirlwind picked up a balloon house, tossing it hundreds of feet into the air, with the children inside. derrick shore is our fox affiliate, kfox in el paso has the incredible story. >> we heard a loud bang. i said well, where are the kids. she goes they're in there. >> anita rodriquez, amazed and terrified after what she found out what she was looking at. >> we thought the balloon had collapsed and it was in
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the back yoord of that house, and come to find out, it wasn't. >> a jumping balloon in the front yard of this home, being picked up by a strong wind gust with three children inside. it hurled hundreds of feet in the air, and landing three homes down the block. >> across the street, and in the back yard of victor echegon's home. >> i think it was only the balloon, i didn't see the little boys. when they get here in the house, i see -- i hear the little boys crying. >> immediately, they begin working feverishly to find the children in the deflated structure. the winds, even taking the air pump with it. >> i was inside. i was inside, and then they run outside and told me that the balloon take off. >> chuck oxford, a family member of the children, said these roping ripped off, but they did everything they could. >> it was hanker \dollars/{^ed} down, right, you know? it's just one of them big whirlwinds, you know? >> the entire family worried for their children, ranging
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from 2-7 years old, seriously hurt, suffering broken bones and other severe injuries. >> i think her leg might have been dislocated, she add a gash on the forehead and another boy had a gash to the back of the head. megyn: wow, unbelievable reporting and our thanks to fox for that. a brand new shift on the strategy for nuclear arsenals, what the administration just announced and use it -- why it could leave the u.s. at an international disadvantage. and she was a star of the smash hit series "desperate housewives" until nick let sheridan was written -- nicolette sheridan was written out of the show. she says the grounds are the basis for a whopper of a lawsuit. that's in today's kelly's court. ya know, i'm really glad we finally decided to see where raisin bran crunch is made.
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megyn: a fox news alert. big developments with the president of afghanistan this is "america live" and i'm megyn kelly with thousands of u.s. troops putting their lives on the line, the afghan president threatening to join the taliban as he feels pressure to reform his administration. the white house says if
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statements like that continue they will cancel their invitation to have hamid karzai to the white house next week if his rhetoric continues. we are live at the white house with more on this in just moments. but we begin with a dramatic shift in u.s. nuclear strategy. the obama administration unveiling a policy to reduce the number of nukes our a r arsenal and place restrictions on when we would use them as the u.s. and russia sign a treaty reducing the use of weapons. the last count showing the u.s. has 500 while russia has more than 10 times that number. mike emanuel is live at the
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pentagon. russia has more shorter range or non-strategic weapons than the united states. are we at rise can we cut back even further? >> reporter: the information here today at the pentagon is this is a start in terms of the president's announcement on thursday he travels to prague to sign the start agreement with the russia president medvedev. the administration is saying they are have plenty of nuclear weapons deterrent in terms of any terror group or country threatening the united states. but this is a starting point and they are trying to show some good faith to the rugs, hoping the rugs will draw down their stockpile. there is talk whether my toe will draw down some of its stockpile that's pointed at russia in a cold war way, if you will. this is a starting point. they are not saying this is the finish line in terms of nuclear negotiation. megyn: what about iran and north
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korea and their nuclear ambitions? >> reporter: here at the pentagon you had secretary of defense, second tear of state, the joint chiefs, trying to say this is a new era for the united states, we are trying to move past the cold war. we are not going to threaten people with nuclear weapons but they did take a tough tone when it comes to iran and north korea. >> we car of out states d we carve out states like iran and north korea who are not in compliance and all options are on the table when it comes to countries in that category. >> reporter: so the warning is out there if north korea and iran cross the united states all options are on the table for the commander-in-chief. otherwise they are trying to get past this cold war nuclear weapons pointed at each other rhetoric. megyn: our top story this show.
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an agonizing wait for the families of four miners who may be trapped 1,000 feet below ground at this moment in west virginia. for they at least there is hope unlike the families of 25 miners who died confirmed in yesterday's explosion. rescuers are rushing to punch some deep holes into the mines to vent poisonous gas. west virginia's governor joe manchin saying earlier it is a slow process. >> they are cutting roads into the side of the mott it's a slow process. i had to explain to the families. they are telling me the first hole could be as late as tomorrow evening before the first hole is done. megyn: jonathan hund is live on the scene. what' the latest there? it is a dread any painful weight for those families who do not know if their loved ones or
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dead or alive. but it's slow by necessity. those drill holes the governor was talking about have to be bored down into the mountain to release the gas. but before they can begin the drilling process they have to bulldoze a road to get them access to where they need to be. it's going to take a long long time. they are doing it as quickly as they can. but they cannot risk the lives of a single rescue worker. governor manchin was saying earlier today that the prospects for the four who may or may not be alive are not good. the only hope, the literal only hope is that they may have made it to the one airtight chamber beneath that mountain that has not yet been reached about it rescue workers. these airtight chambers contain enough oxygen for four days plus food and water. there is a slim possibility they
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may have made it to that one remaining chamber. the governor not holding out much hope. but if he was on the other side of the table, if he was one of the families of those men, he certainly would hold out hope until the very end. but it does not look good with this summation of the situation right now. megyn: have we heard from the family members of those four missing miners? >> reporter: we have not heard from those four specifically. some for instance very angry at the company massey engineering because they say they found out that their loved ones had perished in this explosion through government officials rather than from getting a call from the company. they say that the least they could have expected after their loved one's risk their lives every single day going to work in these mines was a call directly from the company. there is growing anger not just because of that.
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but also because of long held concerns about the company's safety standards in this particular mine. if and when the senior officials from those companies show up to talk to the families directly. megyn: when we had the mine collapse in utah, there was a lot of talk about the mine safety record and that became a critical part of the story. what are we learning if anything on that? >> reporter: this mine does not have a particularly good safety record would be the best way to sum it up. there are all sorts of figures out there about the numbers of violations. what those violations entailed. when you hear about thousands and thousands of violations over a period years, you have to decipher which of those are serious and which are minor violation. but according to all the mine safety experts that have been talking about this so far, this
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mine has not been particularly well run. it's probably the best way to put it. that again is a source of anger for some of these families. megyn: your heart goes out to all of them. we have a lot more on this developing story including the details on the history of safety violations and fatalities. you can find it all at your other news source, now we go to a developing situation in north hampton, massachusetts that we have been watching for you throughout the last hour and 10 minutes in the case after teenager who took her own life. this -- who hasn't been subject to bullying or known someone subject to bullying. but now for -- one of the first case we have seen along these lines it's become criminal after this young girl who was subjected to just awful torture wound up taking her own life. and this hour at this moment we are awaiting an arraignment for three of the nine teenagers
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charged with bullying phoebe prince basically to deathing with just 15 years old. this is the exterior of the courthouse where they will be arraigned. phoebe committed suicide back in january. prosecutors say they endured relentless bullying. only three of the teenagers are being arraigned today. all face very serious charges. the parents of these teens also most likely asking themselves how can what maybe they perceive as bullying that is no worse than we have seen in many high schools can become criminal? we'll have a live update on today's hearing a few minutes from now. this fox news alert. we are getting word the obama administration has authorized operations to capture or kill an american-born muslim cleric believed to be behind some recent terror attacks.
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anwar al-awlaki is believed to be working with an al qaeda group. his fingerprints are on more and more terror related incidents including you may recall that he shared emails with major hasan, the accused shooter in the fort hood murders. an has been connected to the christmas day bomber who tried to take down a commercial airliner outside of detroit. meantime awaiting new details from our white house team on breaking news concerning the president of afghanistan. will he or will he not have his invitation to come to 1600 pennsylvania avenue rescind. we have battles raging went u.s. and the tam -- and the taliban. karzai is blasting the united states for putting pressure on him to reform his government.
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shannon bream is joining us live from the white house. what is the white house saying about this visit? >> reporter: initially it seemed to be a comment that flew under the radar. he says the meeting is on the schedule for now. there was a followup question about what is going to happen. there seemed to be hesitation about whether that meeting will stay on the schedule. it's suggesting it is a possibility it will be cancelled. we know about the comments that have gone back and forth with afghan president hamid karzai that u.s. wanted clarification on. so for now the meeting is still to the calendar. we want to have discussions. we need to hear more of what president karzai has to say. but there are concerns about recent statements he has been making. megyn: did they say anything more on that point? he has made erratic statements in the past.
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this isn't entirely out of character for him. what about the white house reaction tells you they are taking this more seriously than usual. >> reporter: they said anyone would have been concerned about this. there was a more direct question asked, is karzai one of our allies. robert gibbs respond by saying he's the democratically elected leader of afghanistan. there was a followup question, is he our ally. there was tap dancing suggesting maybe we aren't willing to go that far. gibbs said sometimes he does things that we think are proper and other times he doesn't. so there appears to be a growing level of tension in that relationship. that is not quite settled and ironed out just yet. >> shannon, thank you. high profiled democrats recently made news when she went after the tea party and those in congress who lent a friendly ear to them.
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now maxine waters has some explaining to do. the scene straight out of wisteria lane. but this is no tv script. the big-time producer accused of roughing up actress nicollete sheridan. now she is fighting back. "kelly's court" has the details. plus ron paul is one and so is john stossel. what is a libertarian. stossel is here to explain only in a way he can. >> what is a libertarian? >> i don't know. >> a libertarian? a librarian that takes too many liberties? [ le announcer ] as long as we're winding up our doing dials,
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[ male announcer ] try fixodent with a time-released formula. use just once per day for dawn-to-dark hold. it is important to use the product as directed. fixodent and forget it. but my doctor told me that most calcium supplements... aren't absorbed properly unless taken with food. he recommended citracal. it's different -- it's calcium citrate, so it can be absorbed with or without food. citracal. megyn: it doesn't matter whether you are democrat, republican, liberal or conservative. but what about you lip tearans?
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where -- what about you lip tearans? where do you fit in? john stossel is here to explain what that means. so many people have no idea. >> i guess i didn't when i started out. i was trained in college to be a liberal. liberals are the good people. we are going to use and take money from the rich people and solve all of america's problems. rich people are bad. i won all these awards along those lines. then i wised up and i became a libertarian. but people don't know what that means. we know what a conservative and liberal is. but libertarians? most people i asked didn't have a clue. >> now i'm a libertarian. but a lot of people say what does that mean? >> what is a libertarian? >> i don't know. >> i never heard about that. >> a libertarian?
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a librarian that maybe takes too many liberties. >> aren't lip tearans in favor of free -- aren't libertarians in favor of free love and drug use? no, actually. we just think government should leave these people alone. a few celebrities say they are libertarians. >> you are a libertarian, right? >> pretty much. >> a few people at fox say they are lip tearans which brings us d say they are libertarians. >> you can do what you want as long as you don't harm other people. >> what do they say about abortion? >> i think they would be in favor of abortion because they would be in favor of us having personal liberty. >> what about carrying guns? >> a libertarian believes we all should carry guns. >> what do libertarians say
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about gay marriage? >> they would say it's fine. it am not harming anyone else. >> some people say libertarians are -- >> antigovernment. >> but wait a second. >> our founding fathers were libertarian. megyn: how do you define it? >> what the founding fathers believed in, limited government. this is a genius document. this is the constitution and declaration of independence. this limited set of rules are what allowed america to be prosperous. government should keep us safe, protect our persons and leave us alone. megyn: you think it's getting more pickup given the policies we have seen of late beginning with president bush and the tarp bailout leading to president obama and the healthcare
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overhaul. >> people think government shouldn't be in charge so much of our lives. i don't know that the tea party folks would call themselves libertarians, but i wish they would learn more about it and start. megyn: do you think we'll see a new party on the ticket come november? >> they are on on the ballot. and i waste my vote every few years. but maybe. we could learn more about it on my show. megyn: a librarian who believes in liberties. i love that. you can catch "stossel" on the fox business network. there you can see his experiments and expose's on the erosion of freedom and he does it before a live studio audience. can you get me a ticket? >> any time. come wednesday, the next taping. megyn: she called the tea party
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outrageous, hateful and over the top. what does this congresswoman have to say about the video we found where she is hanging around a crowd chanting blank the usa. and the blank is a bad word. breaking news in the case after mother who vanished. her body found submerged in a lake. the brand-new piece of surveillance tape that could put her killer behind bars for good. >> she is a good mother. she is a very good mother. would you please come home. [ crowd cheering ]
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megyn: we have a developing story out of florida. the husband of a woman found dead in her car has been charged with murder. and some dramatics new surveillance tape could be all the evidence prosecutors need. she disappeared after driving her two children to school. she was later found dead in her car submerged in a nearby lake. that sound bite we showed you going to break suddenly becomes extra relevant. trace gallagher live in the newsroom. >> reporter: the police news conference even more bizarre. she dropped her kids off at school on march 23, then she disappeared. the next morning her husband says she is missing. search ensues. they search and search, then yesterday the husband and his sister come out and they hold a news conference. the husband as you saw earlier totally distraught beg beg for her to come home,.
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>> please come back home, we miss you. your children miss you. would you please come home. >> reporter: last night they find the car submerged in a lake. this is all in coral gables, florida. then police discover some surveillance video. what does it show? we are trying to turn it around as fast as we can. but police say it shows the husband driving the car to a lake, then he pulls a bicycle out of the car. he takes the bicycle out of frame, he goes back, puts the car in neutral and pushes the car in the lake. gets on the bicycle, then drive dozen away. they just released it. the couple has been married for 10 years. he's in jail charged with first
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degree murder. they have been watching him because she disappeared one day, he reported her missing one day, then holds a news conference a week later saying he misses her. now police releasing this video. again none of us have seen it. but police described it. take the bike out. push the car in the lake. get on the bike. ride home. megyn: the man we just saw crying. that the man they believe did it. >> reporter: that's the man. megyn: if we had a nickel. we had that situation on the show i cohosted with hemmer. there was another husband 0 came on distraught and he was later charged with murder. unfortunately they always look to the spouse when this type of thing happens for a good reason. trace gallagher will be thank you. >> reporter: we'll get the tape and turn it around. >> good deal. megyn: congresswoman maxine
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waters is in hot water over her statement on the tea party. the old video that's creating new problems for the california lawmaker. he said he is the designer. but he's not the desired, he is the liar.
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megyn: here is a quick look at stories we are watching for you. west virginia governor joe manchin says it could take 24 hours before the first hole could be drilled to try to rescue four missing coal miners. that's the worst mining disaster since 1984. five days of attacks in and around baghdad claiming 119 lives. the latest attacks involving
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seven bombs in the capital city. iraq blaming insurgents from al qaeda in iraq. spirit airlines will charge $45 each way for a carry-on bag. the new charge is $30 if you pay in advance. it begins august 1. three teenagers charged with bullying a 15-year-old classmate killing herself -- they are among the nine teens charged in what prosecutors say was the unrelenting bullying of phoebe prince who hanged herself in january. that arraignment hearing has just wrapped up for sean mulveyhill, kayla nary and austin renaud. molly? >> reporter: none of the
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accused stepped foot in the courtroom. they waived their appearance. these lawyers entered pleas of not guilty for all three teenagers today. they will be booked by friday according to the district attorney's office and there are a few conditions thaf of their release including staying away from phoebe prince's family. they will be -- there will be another hearing scheduled for june and another in september and the case moves forward from here. megyn: molly, thank you. she has been covering this story and you can hear more about molly's reports through our live shot posts. go to shot and there you can get up-to-the-minute news on today's arraignment. a followup to a hot controversy. at the center of it all california congresswoman maxine waters. last week we heard her call tea party behavior outlan dish and
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accused the gop of egging the tea partyers on. now a video waters from a 2007 antiwar rally is raising new questions about her take and what is outlandish and what is not. >> the overrunning of the capital, the sneaking in of tea party participants into the basement of the capitol, the name calling -- >> he's not the decider, he's the liar. i want you to come to capitol hill and lobby on monday and put some starch in the backs of the members of congress and give them the courage that they need to do the right thing. the republicans were having a great time. they were laughing and waving the american flag, they were egging them on and i thought that was outrageous behavior.
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>> you can tell the difference between those ready to bring our soldiers home and those only paying lip service. he is not the decider, he is the desh's not the decider, he's the [crowd chants liar] megyn: there is a double standard for congresswoman waters? brad, this thing has gone viral online and it goes on and on the clips they put together online. but that gives you a flavor. is she speak out of both sides of the mouth. >> you bet she is. there is nothing to see. let the american people see the difference between the maxine waters of 2007 and the one today. i was here in washington. i went down to the mall to the tea party protests. the democratic congressmen and women walked on the westside of the capitol to get to their
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offices because they wanted a confrontation. there are two dozen other ways they could have gotten to their offices because they wanted confrontation. they didn't get it. there were a couple people who disrespected the congress people. but the vast majority did not. if waving an american flag is un-american, i would say maxine your days are numbered because that's american. megyn: this videotape surfaces of her calling president bush a liar and getting the crowd to chant along with her. >> i think it's absurd. it's obvious anyone watching at home would reach the same conclusion. but there is a larger point. we do not succeed as a society if we point fingers, divide, polarize. if we have core principles and commitments to values like fiscal discipline. standing up for america, protecting our interests
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overseas, we'll succeed. if we do with maxine waters does and divide, we all lose. megyn: brad, you heard so many people come out and criticize the tea partyers and some republicans in congress who quote egg them on or were ema threat toik their position. now we see maxine water doing the same thing back in 2007 with code pinkers, people who are antiwar who didn't like president bush. is the bottom line where we just see this now with every administration no matter who is in office, the opponents -- >> it wasn't vitriolic. they weren't attacking the president personally, they weren't calling him a liar. they were discussing quite openly and fervently their disagreement with his policies on healthcare and spending and the deficit. they weren't being
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disrespectful. >> a couple of them allegedly were. >> you are talking about the vast majority of them. thousands upon thousands of people were not disrespectful. gentlemen they were vocal but that doesn't mean they weren't rationally exercising their constitutional right of free speech meg around your point is interesting. we would be better off if we could leave this rhetoric behind us. but we can't. maxine waters, it's fine for her to call for that now, but she is not the best spokesperson given what we have seen on that tape. i read when the president threw out the first pitch at the baseball game people were booing him. and they booed president bush when he threw out the first pitch. i went to the inauguration, and people booed the bushes. is all the civility gone?
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>> i think all the civility is gone. when the maxine waters on the left and right wing extremists on the right divide and call people by names, it isn't a question of who is right and who is wrong. maxine waters is clearly wrong. it's that our society is weakened. we lose as americans. most of the people watching this broadcast are decent god fearing god loving people. megyn: will there be any accountability for this type of thing we see from maxine waters? obviously people on the right they are not going to like the. but what about people on the left? do you think they care? or do they say we like the point she is making now, we like the point she was making then, so that's good enough for us. >> i agree with doug. i think the vast majority of americans are fair-minded
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people. but more importantly they don't like it when leaders do it. and the leaders both republicans and democrats have to be more responsible. people say, if a congresswoman or a senator does it, it's okay for me to do it. it many not ok. we need to be more civil towards each other and talk about issues rather than personalities. >> that's a great point brad just made. our leaders have to be held accountable. megyn: i can tell you bill o'reilly and i spar all the time, but were friends and we get along. maybe we can be a lesson for those on capitol hill. not likely. thanks so much. speaking of the tea party, the group's national tour is scheduled to end up in washington on april 15. that happens to be tax day. but today they are rolling through the heartland of iowa. we are there live to show you what they are calling for this afternoon.
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and nicollete sheridan is alive and kicking and saying it was not her character's time to go. what the producer of the show is accused of doing to this actress. anncr vo: with the new geico glovebox app... anncr vo: can get help with a flat tire... anncr vo: ...find a nearby tow truck or gas station... anncr vo: emergency services... anncr vo: ...collect accident information. anncr vo: or just watch some fun videos. anncr vo: it's so easy, a caveman can do it. caveman: unbelievable... caveman: where's my coat? it was suede with the fringe. vo: download the glovebox app free at i was 18 years old before i had my first fresh bun. the invention that i came up with is the hot dog easy bun steamer. steam is the key to a great hot dog.
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plus a team of identity theft protection specialists. enroll now and get ten percent off your enrollment... for you and your entire family with today's special offer. call now and mention id alert. or visit ♪ megyn: a washington statesman is charged with threatening to kill patty murray over support for the healthcare bill. this is a washington state man charged with threatening to kill patty murray. if you did not see our debate about bringing civility back to politics, it's online. dick cheney is back in session.
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on the docket today. gossip giving way to a whopper of a lawsuit. nicollete sheridan, now suing the creator of abc's smash hit "desperate housewives" for $20 million. claiming producer mark cherry gave her a backstage beating on the set of the prime time drama. she says he took her aside and slapped her across the face when she complained about a line in the script. when she complained to abc executives, she says this was the result. >> life is full of nasty shocks and they seem to occur when we least expect them.
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megyn: don't tick off the producers. she filed a lawsuit for assault and wrongful termination. desperate? or does she have a case? let's welcome kimberly guilfoyle and jonna spilbor. she claims the only reason she ended up in a car accident getting electrocuted is because she complained about mark cherry and that was the result. she got written out of the show. does she have a point? >> absolutely. according to my flawless source, the "national enquirer." every week they were arguing. they think she is a diva. if he did assault her and smack her across the face, naomi campbell style that's a big problem. if he retaliated for him
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complaining about his inappropriate behavior, then fired her, she could have a case for wrongful termination. $20 million might be excessive, but she has a point that's very rare to kill off a major star for the show like that. so clearly he had it out for her. >> she says, look, i shouldn't have been killed off because i was a jewel. when you have a jewel you should polish it. what's wrong with that? by the way, on the $20 million she says she was making $175,000 in per accept so. how does she prove this case? >> i don't think she can. i'm a fan of the show and i love her. but i think this is a desperate attempt to get publicity and money. she is not going to be able to prove this. i think she has the whole definition of a hostile work environment wrong. it's not working for a mean boss
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even one that slaps you in the face. it's created based on you being in a protected class and being harassed because of that protected class. just because she is a woman doesn't mean he slapped her in the face because she is a woman. megyn: he said this. he said this, she is -- she has slept with most of the guys on the street and caused about as many problems as she can. what i won't do is cast another 40-something sexy blond. she performed the aging neighborhood tramp as well as anybody before. >> the claims just keep piling up. she does have a legitimate case, and this isn't going to go to trial. abc will settle. it mark cherry is coming off very bad. there is no employment manual
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that says it's okay if you act out to get a slap. he can't slap her in the face no matter how difficult she is. megyn: the question is did he. >> there is witnesses as well. teri hatcher complained about his behavior accord together reports. and he said he hopes she gets hit by a bus. megyn: she could be the next to go. >> yes. megyn: the question is did he slap her across the face? they say that they looked into this because she medal nations first to abc and she didn't find anything. >> they are on the set -- if he did, it's horrible. but he wasn't arrested. how do we know the context? what if they were assaulting her because she was being rehearsed. they get slapped around a lot on that show. if you had a defense i can see
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them using something like that. >> i don't think she has a suit. megyn: here i the thing that bothers me about the alleged assault. she says it happened in september '08, she got fired in '09. i don't understand how you don't file a lawsuit and things don't explode prior to that. your boss at fox news slaps you across the face, you wait eight months to do something about it? >> have you seen her in anything lately? maybe she needs some money and she was weighing the benefits of going forward with the suit which would make her look bad to potential future employers and producer. nobody wants a problem on the set. just ask lindsay lohan. there is a little built there where you have to factor it in. am i going to advance the ball with my career. maybe he does feel she was getting older. no one wants the aging tramp
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around the set too long. >> she says she believes her character representing somebody this mark cherry didn't like in a former life and he had issues basically. and responded by killing off the character. here is the quote i was looking for. when you have a jewel, why not polish it and put it out there for all the world to see. >> a great quote. god, i love her. thank you, jewels, thanks for being here. if this producer hit her, she has got a claim. but that is a big if. if somebody hit you across the face on your job, would it take you so long to do something about it? actresses get fired all the time. that's the nature of their business. my instincts tell me there is more to this story. are you receiving a payout from a legal settlement
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megyn: the tea party express is rolling into iowa today. the state that holds the first contest of the presidential campaign. what kinds of influence is the tea party movement having on folks there? and could it be a key factor when 2012 rolls around? steve brown is live in iowa. who has the inside track when it comes to landing tea party votes? >> reporter: it would seem like republican candidates would have a better shot eight. and there have been some efforts to drive those tea partyers towards the republican party. and particularly candidates. the chairman of the iowa republican party says they have introduced various candidates or issues or events the tea party suggests. but you have to be careful
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because they have an independent bent and if they feel they are being oh opted they might -- they they are being coopted they might strike back in an independent way. megyn: how do they vie for the tea party people. >> reporter: 's a difficult thing to do because it's not a traditional party structure. >> it's organic. but it's frustrated and dissatisfied islands showing up -- dissatisfied iowans showing up to make their voice heard. >> reporter: because it many a bottom up rather than a top down organization. the tea party groups, you are going to have to go after the votes one at a time which is pretty much how they do it in iowa anyway. megyn: thank you so much. family and friends are mourning 25 west virginia miners killed
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in that mine explosion. we'll hear from the native son and former miner from the area and what he knows about this particular mine. the community and how tight the bond is. captioning made possible by fox news network
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>> megyn: an eleven-year-old boy in chicago is a hero for saving his mother when she was attacked by a man with a knife. the child, luis, was one of
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three children sleeping when he heard his mother crying for help. he did not hesitate rushing into her bedroom. when he saw what was happening he sprang into action. >> i ran over and punched him in the face. he pushed me in the bath roomed and i cut my shoulder and my face. >> both luis and his mother suffered knife wounds. you can see some of them. if it were not for luis, his mother's injuries would have been worse. the attacker remains at large but good for him because both he and his mother are alive. thanks for watching, what a show today, right? owe o'reilly, stossel, geraldo. "studio b" with shepard smith starts right now. >> the news begins anew on "studio b." and box 1, fallout after the afghanistan president warned he may quit politics and join the taliban. our partner.


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